July 13, 2015

International Arbitration 1/3LY - arbitration and dispute resolution in Africa

I am delighted to present the fourth issue of Clyde & Co’s International Arbitration 1/3LY. This issue focuses on arbitration and dispute resolution across Africa and marks the first time that we have included an in-depth special report, exploring the growth of arbitration as a discipline and an industry in its own right in African jurisdictions.

Thirdly Edition 4

As foreign direct investment to Africa continues to grow, the continent is experiencing an upswing in the volume of disputes involving African parties. In the extended report, I investigate African responses to this trend and compare and contrast different regional and jurisdictional approaches to disputes resolution through interviews with key stakeholders from Rwanda, Mauritius, Kenya and Nigeria. Michael Kuper SC provides the South African perspective in a conversation with Clyde & Co’s Daniel Le Roux and Nicola Vinovrški. In a separate article we assess the viability of South Africa as a seat for arbitration, focussing on its arbitration laws and judicial attitudes.

Other contributions to this issue cover trends in African construction disputes and an overview of the role of Investor-to-State Dispute Settlement provisions in Africa. Patrick Zheng covers the rise of Chinese investment, particularly in African infrastructure projects in a Q&A with Jun Cui, Former VP Of China Overseas Construction Corporation.

Elsewhere, we feature an in depth conversation between Alec Emmerson and Louise Barrington, Independent Arbitrator, Director of Vis East International Commercial Arbitration Moot and Founding President of ArbitralWomen. Louise tells us about the birth and development of the Vis East Moot and the founding of ArbitralWomen.

On behalf of Clyde & Co, I would like to thank Louise Barrington, Michael Kuper SC, Jun Cui, Bernadette Uwicyeza, Duncan Bagshaw, Lawrence Ngugi, and Funke Adekoya for contributing their expert opinions and fascinating insights. I also wish to thank my colleagues from the firm’s global arbitration group for their interviews and articles.

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Maurice Kenton, Partner, Clyde & Co